JBLC President Message July 4 2013

7/28/2019 JBLC President Message July 4 2013

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JBLCMessage From the President

July 4th, 2013

The calendar shows July, but the water still seems to be

early June. Evidence of the Gulf Stream moving in ourdirection abound, with Giant Turtles and Portuguese Man ofWar sighting, but still no warm water.

We had days of on-shore wind driven surf last week. I amsure all the beaches were very busy keeping everyone safe.We had a number of rescues at RM4, and our new full-timebeach staffing, with the most senior and most junior crewnow combined, proved quite capable with some harrowing

rescues in large surf, cold water and fog.

Congratulations to the Class of 2013! All 100+ newlifeguards are now working and hopefully enjoying their newjobs and perhaps new careers.

The big news of course is the settlement of our outstandinglabor issues, with the signed agreement between NYS andUUP/NYSLC. This was 6 years of a big effort by a lot of

lifeguards. Years of meetings, telephone calls, rallies, andspeeches, have finally reached a conclusion. As I noted atour union meeting last week, we have been part of unionsfor about 50 years now. Our parent unions have varied asto their commitment to the lifeguards and our needs. Sometotally ignored us; some seemed to work against us, some


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have been helpful. Our new relationship with UUP seems tobe heading in a positive manner, and I do hope it continues.

A financial settlement for back wages is the big item. Bruce

Meirowitz has put together a summary of the highlights andhis interpretation as to the effect on us.

There has been criticism that the retro pay for lifeguardsdoes not include anyone not working this year. Many claimrights to that pay. NYS was insistent that only lifeguardsworking this summer would qualify. This issue came downto the very end, with the Legislature going on vacation on

June 20th

; it was a take-it or leave-it option. Take the 21%to 25% wage increase and a retroactive pay offer thatpositively affects all 1100 lifeguards represented by theNYSLC, or hold out and not accept the offer with no hope offurther discussions for perhaps another 2 years. UUP andthe NYSLC chose to accept the wage offer in the bestinterests of its current member.

Everyone who was involved in this long arduous effort feels

terrible for those who are not included in the pay package,but as I stated, decisions were made for the best interests ofcurrent members.

Options are being formulated for those that may not beworking this year. One of those is to consider workingUpstate, where jobs are available. Links to these optionsare available on our web sites.

Opinions on the negotiation process are varying. Twomembers of the team of negotiators have written astatement that is also included in this issue. Why we did notvote on this contract was another issue. In the end UUP andthe NYSLC were recognized as being able to represent thelifeguards and agree to this settlement without a vote.


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A copy of the Master Agreement has yet to be provided.

Below are the annotated highlights of the agreement.

Bruce Meirowitz has provided the comments.

New York State Lifeguard Corps Contract Highlights

Agreement between UUP and the State of New York, September 14, 2013

Duration: July 2, 2011 to July 1, 2016

Compensation: Percentage increases apply to salary and hourly ratesApril 1, 20042.5%

April 1, 20052.75%

April 1, 2006

3%April 1, 20073%

April 1, 20083%

April 1, 20093.0%April 1, 20104.0%

April 1, 20110

April 1, 20120April 1, 20130

April 1, 20142.0%

April 1, 20152.0%

Eligibility for retroactive increases: Employees must have been in employmentstatus on effective date of the salary or hourly rate increase or during a season that

commences during the fiscal year that includes the effective date of a salary or

hourly rate increase and must be in employment status on April 1, 2013 or during a

season that commences the fiscal year that includes April 1, 2013.

Explanation: UUP is planning further meetings with The Governors Office of

Employee Relations (GOER) to discuss implementation of the above and whom this

affects.

The 2% increase effective April 1, 2014 will be payable to employees after the State

and UUP have reached an agreement on issues of mutual concern included in the

Joint Meeting Minutes between Long Island State Park and Recreation Commissionand the Jones Beach Lifeguard Corp.

Explanation:

The final 2% is subject to the conclusion of productive meetings with Long Island

Parks.

Joint Meeting Minutes and Agreements


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Labor-Management Agreements concerning the Jones Beach Lifeguard Corps,

excluding the agreement for handling lifeguard performance or attendance

deficiencies, wash up time, and call in during inclement weather, shall continue

through September 30, 2013. The State and UUP will meet to discuss and reach

agreement on issues of mutual concern included in the Joint Meeting Minutes

between Long Island State Park and Recreation Commission and the Jones BeachLifeguard Corp. The State and UUP shall begin meeting for this purpose no later

than September 30, 2013.

Explanation:

Lifeguard Performance, attendance deficiencies, wash up time, rainy day call in will

be addressed this year. Inclement weather call in, is calling additional men in on a

rainy day. That was given up. Wash up time allowed us to work 7.5 hours in park

and get paid for 8. We now will be in the park for 8 hours. The way this will be

scheduled is subject to discussions with Agency on Long Island. Labor Meeting

Minutes are official meetings with UUP and Long Island Parks.

Exit Interview

After three years of continuous service of six pay periods on a scheduled half-time

or greater basis in each of those three years, employees who receive notice of

involuntary separation shall be entitled to an exit interview session. A union

representative may accompany the employee at the employees request. The

employee may present reasons, arguments and/or evidence, including relevant

witness statements as to why the employee should not be involuntarily separated.

Explanation:

Exit Interview addresses termination of employment. It is the intention to continue

with the process we currently have in place on Long Island. Upstate New York hasmoved from 6 years of service for the interview to 3 years.

Deficit Reduction Plan

Salary or hourly rate will be reduced by the value of a total of nine days, pro-rated for part-time employees

The cash value of up to seven days will be repaid over 39 payroll periodsbeginning with the final payroll period of Sate Fiscal Year 2015-16.

Employees who do not work 39 consecutive pay periods will be repaid any

remaining balance as a lump sum after the repayment period has ended.

Those who leave State service will be repaid the cash value of what was

deducted for these days. Seasonal employees who leave the payroll at the endof a season and are expected to return the following season will not be paid

as if they separated from State service, but will be repaid at the end of the

contract period.

Salary/hourly rate reductions will occur over 52 consecutive pay periods,from approximately September 1, 2013 to August 31, 2015


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For those employed during a summer season only, the salary or hourly ratereductions will occur during the summer season during fiscal year 2014-15

and fiscal year 2015-16

Employees who join the bargaining unit after the Deficit Reduction Planbegins will be subject to salary reductions proportionate with the number of

payroll periods remaining in the deficit reduction plan from the time theybegin working.

Explanation: Still needs to be discussed under implementation.

Scheduling Job or Shift Assignments

No right to be called in during inclement weather No wash up time

Explanation: All lifeguards will work for 8 hours. Wash up, sign in and sign out times

will be scheduling discussions. We cannot call in Lifeguards on a rainy day if we are

down guards.

Holiday CompensationEmployees who work at least 160 hours during the season (at least 20 days) are

entitled to additional holiday compensation at their hourly rate, up to a maximum of

eight hours, for time worked on each of the first three days during their employment

in any seasonal period (April 1 to Sept. 30 or Oct. 1 to March 31) which are observed

as holidays by the State. Such compensation shall be paid retroactively upon

completion of five weeks of work.

Explanation: Unchanged

Uniforms

Uniforms for seasonal employees will continue to be provided according to the

policies in effect in the employing agencies.

Explanation: Unchanged

Health Insurance

Those eligible for New York State Health Insurance are also eligible for the Vision

and Dental programs administered by the UUP Benefit Trust Fund

Explanation: Applies to the Full Year Lifeguards Staten Island OPWDD, River Bank

State Park.

Attendance Rules Coverage

Seasonal employees who have been continuously employed on at least a 40 hours

per pay period basis for 19 pay periods shall be entitled to attendance rules

coverage in accordance with Civil Service Attendance Rules. Employees not covered

by the Attendance Rules will be allowed leave with pay for injuries sustained in the

line of duty. Use of such leave is to be held to a minimum and shall not exceed three

days or 24 hours pay per year, whichever is less.

Explanation: Applies to Full Year Lifeguards


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Below is a statement written by Bob Adler and RichMalen, both part of the Negotiating Team.

Bob Adler and I, Rich Malen, would like to respond to the emails thatwere sent out from both Tom Donovan and Bruce Meirowitz. While weapprieciate the fact that you want to thank us for our hard work overthe last few years we are not comfortable with our names beingassociated with something that we were not able to review or be at thetable for a final decision. We would like to point out that we werePROMISED to be able to review the final proposal and actual contractbefore it was to be signed and as of today we still haven't seen either.Bruce did share the first proposal from the state with Bob and I andwe pointed out 5 items of grave concern with one in particular. Wenever did have a follow up to that meeting to see if any of our

concerns were addressed.Please be advised, as of now we neither approve nor disapprove ourcurrent contract until we have been able to review it.

Elections for Beach Representatives are to take place overthe next week. Each beach is expected to elect, by simplemajority, a representative and two alternates to representthe interests of you, the members. We meet once a monthfor the entire year, and those elected are expected to attend

our meetings. Please consider representing your beach.Completed election forms need to be presented at ourmeeting on July 11th.

Elections for the entire Executive Board also take place thissummer. There are 9 elected positions. Please considerstepping up. Being on the Executive Board is very timeconsuming and again if elected you will be expected toparticipate at a number of meetings each month.

Nominations are to be presented at our July 11

th

meeting.Voting will be conducted via US mail, and will be run byUUP. The results of this election will be announced at theAugust meeting.

Lastly, the Jones Beach Invitational Lifeguard Tournamentwill be taking place at the East Bathhouse Ocean at Jones


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Beach on Tuesday July 16th 11am Registration 12noon start.We urge all lifeguards to create your teams of 8! The $200registration fee for all JBLC is being waivedso just come ondown and have fun! This tournament is off the clockbut

there is a party to follow for all competitors and lifeguards atThe Scuttlebutt Tavern in Wantagh starting from 5pm.Come for free food and drink specials after you compete orget off of work! The 2013 JB Invitational is sponsored byMonster Energy Drink and Ultimate Athlete Magazine. To seea list of events rules log onto the JBLC Facebook page [email protected]& request a packet!

Eddie Costigan will be hosting a try out for the JB A team

this Saturday 9am at the EBHO. If you think you have whatit takescome on down! We will also be fielding teams forthe Smiths Point LI Championships and possibly The RhodeIsland Invitational. USLA Regionals is open to all lifeguardsand is taking place on July 10th in Rehoboth Beach, Delawareand Nationals August 7-10th in Manhattan Beach California.To become a member of the Jones Beach Chapter of theUSLA contact Cary Epstein at the Central Mall ext 616.

Thats the update for now. Enjoy your summer!

Tom Donovan
mailto:[email protected]:[email protected]:[email protected]:[email protected]

Documents

JBLC President Message July 4 2013